RATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22446

THIRD DIVISION Docket Number SG-22367

Joseph A. Sickles, Referee

(Brotherhood of Railroad Sigmslmen
PARTIES TO DISPUTE:
(Atlanta and West Point Railroad Company
( The Western Railway of Alabama
( Georgia Railibad
i

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Georgia Railroad, The
Western Railway of Alabama, Atlanta and West Point Railroad Company:

On behalf of Signal Maintainer C. M. Rodgers for two hours and forty minutes overtime pay on September 6, 1976, account Section Foreman W. D. McRay was called to clear crossing signal trouble at Woodville, Georgia."

OPINION OF BOARD: On September 5, 1976, a message was forwarded to
the Signal Maintainer regarding "Bells Ringing and
Lights Flashing ...People demand it be repaired immediately..." However,
Claimant asserts that Carrier used a Track Foreman to perform the
necessary repair work on the highway crossing signal device in question
on September 6.

The Organization notes that maintaining and repairing highway crossing protection devices is contemplated by the Scope Rule and "...has long been recognized signal work..."

The record supports the conclusion that the Claimant was called on the evening of September 5, 1976, and his wife took a message for him sometime after 9:00 p.m. At 10:45 p.m., he attempted to return the call, but no one answered his phone call. According to Carrier, the Track Foreman discovered, on September 6, that the ringing had been stopped by local residents - who stuffed paper behind the bell clapper - and on September 7, it was repaired by another Signal Maintainer.

We are of the view that the Claimant has presented sufficient evidence to warrant a sustaining Award. Apparently, no further action was taken after a phone message was given to Claimant's wife on September 5. Even if it can be said that the Employe was not available on September 5, that does not compel a conclusion that he wasn't available on the next day. Carrier should have, at least, attempted to contact him on the 6th. Thus, we will sustain the claim.

' Award Number 22446 Page 2

Docket Number SG-22357

FINDINGS: The Third Division of the Adjust:aent Hoard, upon the whole record and ail the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was violated.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJ=LATT BOARD

By Order of Third Division

ATTEST: ~ M:ecutive Secretary

Dated at Chicago, Illinois, this 29th day of June 1979.